Opinion
No. 74,701
June 25, 2003. Do Not Publish
On Application for a Writ of Habeas Corpus from Dallas County.
OPINION
This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.07, V.A.C.C.P. Applicant was convicted of murder and punishment was assessed at 35 years in prison. This conviction was affirmed. Jones v. State, No. 05-96-01509-CR (Tex.App.-Dallas, opinion delivered February 24, 1999, no pet.). Applicant alleges, inter alia, that he was denied his right to petition this Court for discretionary review of the Court of Appeals' opinion because he was not timely informed of the right to file a pro se petition for discretionary review. An affidavit from counsel indicates that she does not recall informing applicant of the right to pro se petition for discretionary review, but giving such notice is her regular practice. The trial court believes applicant's allegation that he did not receive such notice and recommends that relief be granted. Applicant is entitled to relief. Accordingly, Applicant is granted leave to file an out-of-time petition for discretionary review from the Court of Appeals' judgment in cause number No. 05-96-01509-CR affirming the conviction in cause number F-9643586-JP from the 203rd Judicial District Court of Dallas County, Texas. The proper remedy in a case such as this is to allow Applicant to file his petition with the Court of Appeals within thirty days of the issuance of this Court's mandate. All of Applicant's other claims are dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex.Crim.App. 1997).